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(영문) 대전고등법원 2019.07.26 2019노165

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s unreasonable sentencing: The lower court’s imprisonment (two years of imprisonment with prison labor, three years of suspended execution, and 120 hours of community service) is too heavy.

B. Defendant B (1) misunderstanding of facts) Defendant B is only E Co., Ltd. (hereinafter “E”).

(2) The lower court erred by misapprehending the facts, even though there was no participation in F, etc. in a fraudulent act, even though the lower court did not err by misapprehending the facts, inasmuch as the lower court’s sentence of unfair sentencing (three years of suspended execution in one year and six months), is too heavy, inasmuch as the lower court’s punishment (three years of suspended execution in one year and six months of imprisonment) is too heavy.

2. Determination

A. The lower court, on the Defendant A’s assertion, took into account the favorable circumstances, such as the fact that Defendant A had no history of punishment heavier than a fine, the amount equivalent to the money that Defendant A acquired, appears to have been used to promote the instant project, and the fact that Defendant A directly participated in the instant crime as the representative director, and that the total amount of defraudation reaches approximately KRW 5 billion, as well as the overall amount of the instant crime, was set at three years of probation and 120 hours of community service, taking into account the various sentencing factors indicated in the public trial, such as the Defendant A’s age, character and behavior, and motive and circumstance.

In full view of the conditions of sentencing and the recommended sentencing guidelines set by the Sentencing Committee of the Supreme Court, there is no change in the conditions of sentencing that can be deemed unfair to maintain the judgment of the court below as it is, rather than deeming that the judgment of the court below exceeded the reasonable bounds of its discretion.

Therefore, it cannot be deemed that the sentence of the court below is too unreasonable because it is too unreasonable.

Defendant

A’s assertion is not accepted.

B. As to Defendant B’s assertion of mistake of facts as to Defendant B’s assertion, Defendant B also asserted the same purport as to the facts charged in the instant case.

As to this, the lower court’s judgment.